Loading...
07-22-2002 (Zoning Board of Adjustment) Agenda Packet AGENDA Zoning Board of Adjustment City Council Chambers - Wylie Municipal Complex 2000 Highway 78 North Wylie, Texas 75098 Monday, July 22, 2002 7:00 p.m. CALL TO ORDER CITIZEN PARTICIPATION CONSENT AGENDA 1. Consider and act upon approval of the Minutes of the June 3, 2002 Meeting. PUBLIC HEARINGS 1. Hold a public hearing to consider and act upon a request by Matt Holland of Ashton Woods Homes for a variance to the Development Standards of the Planned Development District (PD 99-09) in order to decrease the interior side yard from the required ten feet between structures to nine and seven tenths feet, this property being located at 3100 Kingsbrook Drive and being Lot 17, Block D of the Sage Creek Phase VI Addition. (ZBOA Case No. 2002-07) 2. Hold a public hearing to consider and act upon a request by Scott Silvis of Fox and Jacobs Homes for a variance to Section 27.20(c) of the Zoning Ordinance (Sign Ordinance) in order to permit an off-premises development sign for the Cimarron Estates Phase I Addition, this property being located on State Highway 78 at Anson Parkway. (ZBOA Case No. 2002-08) 3. Hold a public hearing to consider and act upon a request by Scott Silvis of Fox and Jacobs Homes for a variance to Section 27.20(c) of the Zoning Ordinance (Sign Ordinance) in order to permit an off-premises development sign for the Birmingham Farms Phase 2A Addition, this property being located on West Brown Street (F.M. 3412) at Sanden Boulevard. (ZBOA Case No. 2002-09) 4. Hold a public hearing to consider and act upon a request by Ron Johnson for a variance to a platted building line and Section 19.3(1)(c) of the Zoning Ordinance in order to decrease the required rear yard setback from twenty feet to ten feet, this property being located at 640 West Brown Street (F.M. 3412) and being Lot 59R, Block E, of the Point North Addition. (ZBOA Case No. 2002-11) CLVYru-s7\t"YIN Posted Friday, July 19, 2002 at 5:00 p.m. THE WYLIE MUNICIPAL COMPLEX IS WHEELCHAIR ACCESSIBLE. SIGN INTERPRETATION OR OTHER SPECIAL ASSISTANCE FOR DISABLED ATTENDEES MUST BE REQUESTED 48 HOURS IN ADVANCE BY CONTACTING THE CRY SECRETARY'S OFFICE AT 442-8100 OR TDD AT 442-8170. _ _ . ___ . _ _ _ _ _ . ..... Zoning Board of Adj ustments , t , - , „ , . , . , : . . , , , ... , , . . . 0, ,,,„, A , . 1 trAa A , i 1 ! - ai,,Atm . ..,_ w . VA Jr -----1--- t t tW1I y��i INT , 1Cfty-qf ylie7 1 , July 22 , 2002 Regular Business Meeting AGENDA Zoning Board of Adjustment City Council Chambers - Wylie Municipal Complex 2000 Highway 78 North Wylie, Texas 75098 Monday, July 22, 2002 7:00 p.m. CALL TO ORDER CITIZEN PARTICIPATION CONSENT AGENDA 1. Consider and act upon approval of the Minutes of the June 3, 2002 Meeting. PUBLIC HEARINGS 1. Hold a public hearing to consider and act upon a request by Matt Holland of Ashton Woods Homes for a variance to the Development Standards of the Planned Development District (PD 99-09) in order to decrease the interior side yard from the required ten feet between structures to nine and seven tenths feet, this property being located at 3100 Kingsbrook Drive and being Lot 17, Block D of the Sage Creek Phase VI Addition. (ZBOA Case No. 2002-07) 2. Hold a public hearing to consider and act upon a request by Scott Silvis of Fox and Jacobs Homes for a variance to Section 27.20(c) of the Zoning Ordinance (Sign Ordinance) in order to permit an off-premises development sign for the Cimarron Estates Phase I Addition, this property being located on State Highway 78 at Anson Parkway. (ZBOA Case No. 2002-08) 3. Hold a public hearing to consider and act upon a request by Scott Silvis of Fox and Jacobs Homes for a variance to Section 27.20(c) of the Zoning Ordinance (Sign Ordinance) in order to permit an off-premises development sign for the Birmingham Farms Phase 2A Addition, this property being located on West Brown Street (F.M. 3412) at Sanden Boulevard. (ZBOA Case No. 2002-09) 4. Hold a public hearing to consider and act upon a request by Ron Johnson for a variance to a platted building line and Section 19.3(1)(c) of the Zoning Ordinance in order to decrease the required rear yard setback from twenty feet to ten feet, this property being located at 640 West Brown Street (F.M. 3412) and being Lot 59R, Block E, of the Point North Addition. (ZBOA Case No. 2002-11) CLVYru-s7\t"YIN Posted Friday, July 19, 2002 at 5:00 p.m. THE WYLIE MUNICIPAL COMPLEX IS WHEELCHAIR ACCESSIBLE. SIGN INTERPRETATION OR OTHER SPECIAL ASSISTANCE FOR DISABLED ATTENDEES MUST BE REQUESTED 48 HOURS IN ADVANCE BY CONTACTING THE CRY SECRETARY'S OFFICE AT 442-8100 OR TDD AT 442-8170. h I_ Cam'of Wylie Public Hearing Item No. 1 ZBOA No. 2002-07 Zoning Board of Adjustment Public Hearing: July 22, 2002 Owner/Applicant: Matt Holland For Ashton Woods Homes Location: 3100 Kingsbrook Drive, Lot 17, Block D, of the Sage Creek VI Addition Request: Variance of Development Standards of the Planned Development District (PD 99-09) to decrease the interior side yard from the required 10 feet between structures to 9.7 feet. Background: The zoning requirements governing the subject property were established by the Planned Development District (PD 99-09), approved by the City Council in December of 1999. The property was platted as the Sage Creek Phase VI Addition and residential construction initiated in November of 2001. The Development Standards approved with the PD that internal side yards be provided that will maintain a separation of ten (10) feet between structures. When the foundation of the residence was construction, the form survey, intended to verify such required dimensions, erroneously indicated that the building was placed five (5) feet from the side property line and the neighboring residence was placed 5.5 feet from the property line, apparently achieving the PD required ten feet between structures. However, the final survey, after construction had been completed, indicates that the house is actually located only 4.2 feet from the side property line and therefore only 9.7 feet from the neighboring structure. This represents a violation of 3.5 inches, or three percent, from the required ten feet. ZBOA 2002-07 Section 8.3 of the Zoning Ordinance provides that the Zoning Board of Adjustment may permit a variance to the requirements of the Zoning Ordinance if the variance is not contrary to the public interest and, due to special conditions of the site, a literal enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of the Ordinance is observed and substantial justice is done. The Board may impose any reasonable conditions on the issuance of a variance and may amend the variance from that requested. The concurring vote of 75 percent of the members of the Board shall be necessary to reverse any order, requirement, decision or determination of any administrative official, or to decide in favor of the applicant to effect any variance in the Ordinance. This section further states that in order to grant a variance to the Ordinance, the Board shall find that all of the following have been satisfied: 1. That there are unique physical circumstances or conditions of the lot, or other exceptional physical conditions particular to the affected property; 2. That because of these unique and exceptional circumstances, the property cannot be reasonably developed or used in compliance with the provisions of the Zoning Ordinance; 3. That due to such unique and exceptional circumstances, the strict application of the Ordinance would create a demonstrated hardship (convenience, profit or caprice shall not constitute undue hardship); 4. That the demonstrated hardship is not self-imposed; 5. That the variance, if granted, will not adversely affect the proposed development or use of adjacent property or neighborhood; 6. That the variance, if granted, will not change the character of the zoning district in which the property is located; 7. That the variance, if granted, is in keeping with the intent of the Ordinance; and 8. That the variance, if granted, will not adversely affect the health, safety or welfare of the citizens of Wylie. Considerations: 1. Public Comment Forms were mailed as required by State Law to owners of forty-two (42) properties within 200 feet of this request. Nine (9) Comment Forms have been returned at the time of this posting, all favoring the requested variance. 2. The subject lot complies with all requirements of the Planned Development District except for the east side yard. The requested variance will provide an interior side yard of 9.7 feet, rather than the required 10 feet. This is a variance of 3.5 inches or three percent. ZBOA 2002-07 3. The erroneous form survey was made and sealed for accuracy by a State registered surveyor as required by City code. Neither the applicant's on-site construction manager nor the City of Wylie Building Inspection staff realized that the side yard dimensions were mistaken and not in compliance with the PD. Financial Considerations: Application fee - Paid Attachments: Location Map Final Survey (showing correct side yard dimension) Form Survey (showing erroneous dimension) Final Survey Of Neighboring Property (showing correct side yard dimension) Notification List and Map with Responses i Subject Property 6 7 8 9 10 11 12 13 14 15 16 7 1' [19 �� 21 Admiral Drive 53 52 6 51 50 Kin•sbrook Drive 49 48 47 41 40 38 37 36 35 33 32 31 ' 3028 27 26 25 24 AA'' 46 6 7 W 9 10 11 45 12 74 15 16 17 — 19 20 21 2223 � Candlebrook Drive 43 D 42 39 _ IIIIIIIIIIII 23 •fj 47 40 5 6 IIIIIIIIIIII 39 37 E I22 3 a•le Mountain untam Drive 36 20 18 21 22 23 24 25 26 27 28 29 30 31 32 33 - 34 is LOCATION MAP ZBA CASE #2002-07 LOT LOT 27 26 S84°04'17"E 50;00' B B l3 B E3 J��❑ ❑ 0.5,_/11 . 0.0' 0.0' \oti' 0.2' > j o w tx A E 04 \. ,,,.\ ,6.8' A . . O I❑ \O\' 14.2' 1.1' 0_ - Rt 0 .. 1 2 c0 .0' N N ' • \ti�9 moo\ O • 0 u O W 1 1.1'V) :I N / 0.0' LOT 16 LOTID 7 o LOT O i 1.040 tn Lf, 18 Z ONE STORY in BRICK O V) tiRo ,iti 20 ' BL 5.9' 13.5' r<i [� "� 21.4' �'� 4.2 Fit4fr .L- S()RV-cY ooti� - �\ f�fi a, - StI.ot.J t. z —6u tA4 ' e 4 -44 Z'r 44 er • -- —` N$4°04'17"W 50.00' 356.12' TO ADMIRAL DRIVE 5' PUBLIC EASEMIENT TY KINGSBROOK DRIVE 50' R.O.W. `'od'o 1•:,pV NOTE: THIS SURVEY IS BASED UPON THE INFORMATION PROVIDED BY THE CLIENT. NO SEARCH OF THE TITLE RECORD WAS MADE BY THIS OFFICE. NOTE: DEARINGS, EASEMENTS AND FIIILDING LINES ARE. BY RECORDED PLAT UNLESS OTHERWISE NOTED. NOTE: According to the F.I.R.M. in Community Pane! No. 48085C0465 H ,this r.ropert; does lie in Zone X ,and _ DOES NOT lie within the 100 year flood tone. [his survey is made relying upon the information provided by _- STEWART Title Company in connection with the transaction described in G.F. . Use of this survey by any other parties and/or for 'other purposes shall be at user's own risk and any loss resulting from other use shall not be the responsibility of the undersigned. The pint hereon is a correct and accurate representation of the property lines and dimensions ore as indicated: location and type of 'Mitring^ are as shown; and EXN IIPI AS SHOWN, all improvements are locale,! y,;thin the hotjrldnries .tad the distances indicated, and t.ur, are no vi'ihle and Apparent rnrrnarhrnrnis nr crofrr sir'on nn the ground ACCEPTED BY: — — — — — — 5r5,IAT11RC DATE SIGNATURE — DATE J Feb 28 02 03: 29p : ITE PLAN SERVICES 81 '-638-2862 P• 19 PLOT PLAN LEGEND PREPARED FOR: rc�rcw of cu4e • SAGE CREEK PHASE VI ASHTON FPD PAD `F SUBDIVISION: " D FCOf OF FLOW D 17 WOODS •----�'crx�v BLOCK LOT: HOMES DATE: 2-28-02 STREET ADDRESS: 3100 KINGSBROOK DRIVE 1 _ 20' REVISION: CITY: WYLIE, COLLIN COUNTY, TEXAS SCALE: REVISION: DRIVE 489 -sQ. FT. LEAD WALK ____..19--so. FT. CITY WALK 2___ Oc--SQ. FT. PATIO SQ. FT. • _ FLATWORK SO. FT. 50.00' TOTAL SOO 404 SO. YD. CD I FENCE UNE 14Q' -" LNEAR FT. LOT 17 BLOCK D ;� HOUSE SLAB 2201 so. FT. TOTAL LOT 6000 -SQ. FT. • OPT.COV'D PATIO b O O O O O N 1 ft)Rfvl c,IRVt Y in 1 _t•• �'n Corru-�' Y5130 C RIGHT CO in 6'se-1-4.e.k, rettkier 5' 1' i 39 -11 NLI . 20' BL WALK CONC Mil DRIVE5' PUE 50.00 4' .CITY WALK J 3100 KINGSBROOK DRIVE 0 LOT LOT . 26 25 o.o' S84°04'17"E 550.00' /O.o' o a % pro .pti't, 0.2'f 0.0' rl :r \ I i , i 3 I 1 1 1 1 i o l o O 1, O O kj O N N ''' 14: F ti 7 b 0.1' 1�T a LOT A/C10 LOT ° 5_5 E10 ` 19 E 18 0 31do o ` � oi0 ,,,.; 5.5_ o °tip TWO STORY > tWcL - jag.V / •on � ` CK �po1 .p` 6.2' N a F 14.614141369 I NI& Lo r Oo b co • C614.^-6 W►?.+Lc�. mm44 N •:a° \A Fi�C, `no 5' PUBLIC o N UTIL. ESM'T. N o -- - - — --- —° -- -- N 0 •f ^ - — <� 0 N84°04'17"W 50.00' ASSUME 275.13' TO 0-7 100.O©TOC ADMIRAL DR. KINGSBROOK DRIVE in 50' R.O.W. inn 0 N O a NOTE: BEARINGS, EASEMENTS AND BUILDING LINES ARE BY RECORDED PLAT UNLESS OTHERWISE NOTED. ii NOTE: According to the F.I.R.M. in Community Panel No. 48085C0465 H ,this property does lie in Zone X Lo and DOES NOT lie within the 100 year flood zone. i (n 0 Phis survey is made relying upon the information provided by STEWART _—___— Title Company in N• o connection with the transaction described in G.F. 025QQ398 . Use of this survey by any other parties and/or fur al other purposes shall be at user's own risk and any loss resulting from other use shall not be the responsibility of the undersigned. Fr; the plat hereon is a correct and accurate representation of the property lines and dirnem:ior,s Ore as indicated; location and type of u:f Uuildirn.s are us shown; and I XCEPI A S SHOWN. all irn rns t. are located within thr t. �� ' 1' (, rnL ( erncn r C,:nc: :r:..� :r,1 the (.�tUncrs uivr:at_•: •:,1 i , tWara are nu visible and uppureat encroechrnents 01 prutruSiun•. ,ii tie groinon. t. ACCEPTED BY: — SIGNATURE — — — — — — o DATE SIGNAIUM( OAK ) CJ NOTIFICATION REPORT APPLICANT: Matt Holland APPLICATION FILE ZBA#2002-07 1551 Edelweiss Allen, Texas 75002 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant 1551 Edelweiss 1 Matt Holland Allen, Texas 75002 Sage Creek V 3104 Candlebrook Drive 2 BIk C Lot 15 R-4530-00C-0150-1 Samuel Ude Wylie, Texas 75098 Sage Creek V 3102 Candlebrook Drive 3 Blk C 16 R-4530-00C-0160-1 Polly Harrison Wylie, Texas 75098 Sage Creek V 3100 Candlebrook Drive 4 Blk C 17 R-4530-00C-0170-1 Karin IGrkland Wylie, Texas 75098 Sage Creek V 13800 Montfort Drive #100 5 Blk C 18 R-4530-00C-0180-1 Ashton Dallas Residential Dallas, Texas 75240 Sage Creek V 3008 Candlebrook Drive 6 BIk C 19 R-4530-00C-0190-1 Alfredo Chapa, Jr. Wylie, Texas 75098 Sage Creek V 3006 Candlebrook Drive 7 BIk C 20 R-4530-00C-0200-1 Rigo Vega Wylie, Texas 75098 Sage Creek VI 13800 Montfort Drive #100 8 Blk C Lot 25 R-4921-00C-0250-1 Ashton Dallas Residential Dallas, Texas 75240 Sage Creek VI 13800 Montfort Drive #100 9 BIk C 26 R-4921-00C-0260-1 Ashton Dallas Residential Dallas, Texas 75240 Sage Creek VI 13800 Montfort Drive #100 10 Blk C 27 R-4921-00C-0270-1 Ashton Dallas Residential Dallas, Texas 75240 Sage Creek VI 13800 Montfort Drive #100 11 BIk C 28 R-4921-00C-0280-1 Ashton Dallas Residential Dallas, Texas 75240 Sage Creek VI 13800 Montfort Drive #100 12 Blk C 29 R-4921-00C-0290-1 Ashton Dallas Residential Dallas, Texas 75240 Sage Creek VI 13800 Montfort Drive #100 13 BIk C 30 R-4921-00C-0300-1 Ashton Dallas Residential Dallas, Texas 75240 Sage Creek VI 13800 Montfort Drive #100 14 Blk C 31 R-4921-00C-0310-1 Ashton Dallas Residential Dallas, Texas 75240 Sage Creek VI 13800 Montfort Drive #100 15 Blk C 32 R-4921-00C-0320-1 Ashton Dallas Residential Dallas, Texas 75240 Sage Creek VI 13800 Montfort Drive #100 16 Blk C 33 R-4921-00C-0330-1 Ashton Dallas Residential Dallas, Texas 75240 Sage Creek VI 13800 Montfort Drive #100 17 BIk C 34 R-4921-00C-0340-1 Ashton Dallas Residential Dallas, Texas 75240 Sage Creek VI 13800 Montfort Drive #100 18 Blk D Lot 13 R-4921-00D-0130-1 Ashton Dallas Residential Dallas, Texas 75240 Sage Creek VI 13800 Montfort Drive #100 19 BIk D 14 R-4921-00D-0140-1 Ashton Dallas Residential Dallas, Texas 75240 Sage Creek VI 13800 Montfort Drive #100 20 BIk D 15 R-4921-00D-0150-1 Ashton Dallas Residential Dallas, Texas 75240 Sage Creek VI 13800 Montfort Drive #100 21 Blk D 16 R-4921-00D-0160-1 Ashton Dallas Residential Dallas, Texas 75240 Sage Creek VI 13800 Montfort Drive #100 22 BIk D 17 R-4921-00D-0170-1 Ashton Dallas Residential Dallas, Texas 75240 Sage Creek VI 13800 Montfort Drive #100 23 BIk D 18 R-4921-00D-0180-1 Ashton Dallas Residential Dallas, Texas 75240 Sage Creek VI 13800 Montfort Drive #100 24 BIk D 19 R-4921-00D-0190-1 Ashton Dallas Residential Dallas, Texas 75240 Sage Creek VI 13800 Montfort Drive #100 25 BIk D 20 R-4921-00D-0200-1 Ashton Dallas Residential Dallas, Texas 75240 Sage Creek VI 13800 Montfort Drive #100 26 Blk D 21 R-4921-00D-2010-1 Ashton Dallas Residential Dallas, Texas 75240 Sage Creek VI 13800 Montfort Drive #100 O 27 BIk D 22 R-4921-00D-0220-1 Ashton Dallas Residential Dallas, Texas 75240 Sage Creek VI 13800 Montfort Drive #100 O 28 BIk D 23 R-4921-00D-0230-1 Ashton Dallas Residential Dallas, Texas 75240 Sage Creek VI 13800 Montfort Drive #100 ® 29 Blk D 24 R-4921-00D-0240-1 Ashton Dallas Residential Dallas, Texas 75240 Sage Creek VI 13800 Montfort Drive #100 0 30 BIk D 25 R-4921-00D-0250-1 Ashton Dallas Residential Dallas, Texas 75240 Sage Creek VI 13800 Montfort Drive #100 O 31 BIk D 26 R-4921-00D-0260-1 Ashton Dallas Residential Dallas, Texas 75240 Sage Creek VI 13800 Montfort Drive #100 32 BIk D 27 R-4921-00D-0270-1 Ashton Dallas Residential Dallas, Texas 75240 Sage Creek VI 13800 Montfort Drive #100 O 33 Blk D 28 R-4921-00D-0280-1 Ashton Dallas Residential Dallas, Texas 75240 Sage Creek VI 13800 Montfort Drive #100 O 34 BIk D 29 R-4921-00D-0290-1 Ashton Dallas Residential Dallas, Texas 75240 Sage Creek VI 13800 Montfort Drive #100 O 35 BIk D 30 R-4921-00D-0300-1 Ashton Dallas Residential Dallas, Texas 75240 Sage Creek VI 13800 Montfort Drive #100 36 Blk E Lot 16 R-4921-00E-0160-1 Ashton Dallas Residential Dallas, Texas 75240 Sage Creek VI 13800 Montfort Drive #100 37 BIk E 17 R-4921-00E-0170-1 Ashton Dallas Residential Dallas, Texas 75240 Sage Creek VI 13800 Montfort Drive #100 38 Blk E 18 R-4921-00E-0180-1 Ashton Dallas Residential Dallas, Texas 75240 Sage Creek VI 13800 Montfort Drive #100 39 Blk E 19 R-4921-00E-0190-1 _ Ashton Dallas Residential Dallas, Texas 75240 Sage Creek VI 13800 Montfort Drive #100 40 Blk E 20 R-4921-00E-0200-1 Ashton Dallas Residential Dallas, Texas 75240 Sage Creek VI 13800 Montfort Drive #100 41 Blk E 21 R-4921-00E-0210-1 Ashton Dallas Residential Dallas, Texas 75240 Sage Creek VI 13800 Montfort Drive #100 42 Blk E 22 R-4921-00E-0220-1 Ashton Dallas Residential Dallas, Texas 75240 43 • I - 13 14 j 1 22 • rye A/i 1 � O ® ® 0 31 0 \ ' 26 25 24 • 23 22 13 14 15 1!:1I .'vak , v ' 57(- 34 ,3 32 31 30 29 ,,)L�, ,4 27 25 24 .. • • 0. 1 i .. i i ' 1 I 13 14 1 � .; . _. I I I i 22 23 j i DrIy'rook 0 ::: FoK x = A6 ht,f42-sT r r ,- 6942002 -07 /� PUBLIC COMMENT FORM (Please type or use black ink) Planning Department 2000 Highway 78 North Wylie,Texas 75098 ✓ I am FOR the requested variance as explained on the attached public notice for ZBA Case #2002-07. I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2002-07. Date,Location&Time of Zoning Board of Adjustment meeting: Monday,July 22,2002,7:00 pm Municipal Complex, 2000 Highway 78 North,Wylie,Texas A u-r Vicrlz I Name: Av I'17 W 'T5 Z M �at.AAc1 (please print) 12 t'Pg �3 i G►.l. (..L—C. Address: ZI goo 11`�oN1�1Z"�" Sv i Ti- 1 V'O t.1 , Signature: Date: 7' COMMENTS: •3/D� ?do /at� • PUBLIC COMMENT FORM (Please type or use black ink) Planning Department 2000 Highway 78 North Wylie,Texas 75098 ✓ I am FOR the requested variance as explained on the attached public notice for ZBA Case #2002-07. I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2002-07. Date,Location&Time of Zoning Board of Adjustment meeting: Monday,July 22, 2002,7:00 pm Municipal Complex, 2000 Highway 78 North,Wylie,Texas A v-rVeJ-11 I . Name: A.v 117 W G �-- ;Z �.3 i�� ✓ac- ) (please print) 11:7471/-37 Address: l Zl goo 11" oN-t�12'C r f Tf t v"o Signature: f Date: 7` J COMMENTS: ,3/0 7 aciikLui_a PUBLIC COMMENT FORM (Please type or use black ink) Planning Department 2000 Highway 78 North Wylie,Texas 75098 ✓ I am FOR the requested variance as explained on the attached public notice for ZBA Case #2002-07. I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2002-07. Date, Location&Time of Zoning Board of Adjustment meeting: Monday,July 22,2002,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas l , A v—r'�c.riz 1��Name: yA.•l 117 YJ • -$o Z 4-7.6 t-3 r7aC.i (please print) 121gS t17c0-ST 40.\. Address: l Zl gv0 Horziq,12_1-- f SC, f TE. 1 tw.) dX.e.<3 '1;Z36 Signature: �►, Date: S#4;-t " COMMENTS: 3/o5 ,� • PUBLIC COMMENT FORM (Please type or use black ink) Planning Department 2000 Highway 78 North Wylie,Texas 75098 ✓ I am FOR the requested variance as explained on the attached public notice for ZBA Case #2002-07. I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2002-07. Date,Location&Time of Zoning Board of Adjustment meeting: Monday,July 22, 2002,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas v-rRcri 1 Zec> 1r . Name: �A.V 117 W C LA.— �a Z -i o� ✓aC-iA (please print) 1210S1170..3 T AA, l•.L.0 Address: (� goo I T- I v v 1;Z36 Signature: �►, " Date: 7-�7"01-- COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Planning Department 2000 Highway 78 North Wylie,Texas 75098 ✓ I am FOR the requested variance as explained on the attached public notice for ZBA Case #2002-07. I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2002-07. • Date,Location&Time of Zoning Board of Adjustment meeting: Monday,July 22,2002,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas A v-rve.r'tz 1 iict=. Name: �A..V 117 "J , W ti l.L_ -$a Z "ALAp (please print) ! 12eu t'17�nSi Q.V, l-•1-•C Address: t Zl SOO 11`�oN-(�12"� r (TL l WO �.l+er►, t'X615 "ja Z3, Signature: �►, f ' Date: COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Planning Department 2000 Highway 78 North Wylie,Texas 75098 ✓ I am FOR the requested variance as explained on the attached public notice for ZBA Case #2002-07. I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2002-07. Date,Location&Time of Zoning Board of Adjustment meeting: Monday,July 22, 2002,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Av-rucriz1 . Name: A.v 1't7 W W C l.L. -$5 2- (please print) 12 t'170".3 i a-V l,•t^.0 Address: t Soo 11" oNT�IZ� Sv f Te_. 1 tro —rtr>0615 Signature: ‘"\--(4741 -0 - Date: 7`�J COMMENTS: • 3003 g/i u,L - PUBLIC COMMENT FORM (Please type or use black ink) Planning Department 2000 Highway 78 North Wylie,Texas 75098 ✓ I am FOR the requested variance as explained on the attached public notice for ZBA Case #2002-07. I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2002-07. Date,Location&Time of Zoning Board of Adjustment meeting: Monday,July 22, 2002,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas A v-rt,cr'tz 1 Jew' . Name: L�.v 117 W - 0 W C LA.- -So Z �3�—i�� ✓tst�s (please print) 12 A.t,., L.l..0 Address: I goo Hor.31- 2._-\--- r SC, f Tf 1 v o �dX..the5 "ta 236 Signature: Date: 717 0 v COMMENTS: ��� ad/Y11-/, �; �, PUBLIC COMMENT FORM (Please type or use black ink) Planning Department 2000 Highway 78 North Wylie,Texas 75098 ✓ I am FOR the requested variance as explained on the attached public notice for ZBA Case #2002-07. I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2002-07. Date,Location&Time of Zoning Board of Adjustment meeting: Monday,July 22, 2002,7:00 pin Municipal Complex, 2000 Highway 78 North,Wylie,Texas Av-r, -1 . Name: A.v 117 W W e -$a Z M��-i�� mac-LA (please print) r(Lt t170t.1 i Address: Zl goo Ho„...)-r .,12_-\-- , St, ( re_ 1 tYo �. , 1"dXA6.,5 Signature: Date: 7-d-0'L' COMMENTS: Jeo i &A-ni„, PUBLIC COMMENT FORM (Please type or use black ink) Planning Department 2000 Highway 78 North Wylie,Texas 75098 ✓ I am FOR the requested variance as explained on the attached public notice for ZBA Case #2002-07. I am AGAINST the requested variance as explained on the attached public notice for ZBA Case#2002-07. Date,Location&Time of Zoning Board of Adjustment meeting: Monday,July 22,2002,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: �A.\./ 117 W -W ti l.L_ -Sa Z (please print) t !70,-17' A-V, Address: % goo �" o N T�12-� V f TtE 1 t1-0 Lbw, -i d'X, 236 Signature: iR Date: 71;"'- COMMENTS: J s a(672-M • 11, if Public Hearing Item No. 2 ZBOA No. 2002-08 Zoning Board of Adjustment Public Hearing: July 22, 2002 Owner/Applicant: Scott Silvis For Fox and Jacobs Homes Location: State Highway 78 North at Anson Parkway, north of the Cimarron Estates Phase I Addition { Request: Variance of Section 27.20(c) of the Zoning Ordinance to permit an off-premises development sign Background: Cimarron Estates is a residential subdivision which was platted and construction initiated in April of 2002. The subdivision is located approximately 580 feet south of new State Highway 78 North, and accessible from S.H. 78 only by Anson Parkway (although the subdivision is also accessible from Brown Street which it abuts on the south). The City permitted and the applicant erected at S.H.78 and Anson a sign promoting the development, on property which is not part of the subdivision. Section 27 of the Sign Regulations defines a development sign as "any temporary, on- site promotional sign pertaining to the development of land or subdivision". Section 27.20(c) states that "such signs must be related only to the property on which they are located... A development sign must be removed when the project is 90 percent complete". Section 27.16 states that "appeals of the provisions of the Sign Regulations shall be heard by the Board of Adjustment in accordance with the following criteria: the type of sign, the location, existence of other signs in the general area, the reason for the requested variance, the duration of the requested variance, the effect on public safety, protection of neighboring property, the degree of hardship or injustice and such other factors as they deem pertinent... A concurring vote of a majority of those present shall be necessary to render a decision in favor of the applicant." ZBOA 2002-08 Considerations: 1. Public Comment Forms were mailed as required by State Law to owners of three (3) properties within 200 feet of this request. No Comment Forms have been returned at the time of this posting. 2. The applicant contends that a sign located on land within the Cimarron Estates subdivision would be more difficult to see by traffic along S.H. 78, and desires the sign to be located at 78 in order to attract the attention of more potential home buyers. 3. The applicant developed and dedicated to the City Anson Parkway as access to the Cimarron Estates subdivision. 4. The area is developing in the pattern in which it has been zoned since at least 1985 to permit commercial uses along the S.H. 78 frontage and residential uses to the south behind this commercial. The land ownership was divided to allow the Cimarron Estates residential development generally along the established division in zoning. 5. As erected, the subject sign presents no visibility obstructions for traffic on S.H. 78 and it complies with the requirements of the Sign Regulations with the exception that it is located off of the premises which it promotes. 6. Regardless of its location, the subject sign is permitted only temporarily, as the Sign Regulations limit the duration of such signs until the project is 90 percent completed. Financial Considerations: Application fee - Paid Attachments: Location Map Notification List and Map Subject Property I State Hi s hwa No . 78 i Li:s i i i '• I Bissell Way I I 1 0 i / 111111 { i I a i ( Q I I Sutter's i o I $ a - I i i i 'i i Kemviile LLE-11i i i 1 ii ‘ \ i Gold Hill 6 DriveT ._.._.._..� i i ! I i I I I i I �.._.._..i • I i I I I i I I i LOCATION MAP ZBA CASE #2002-08 NOTIFICATION REPORT APPLICANT: Scott Siluis - Fox &Jacobs APPLICATION FILE ZBA#2002-08 9229 LBJ Frwy, Ste 100 Dallas, Tx. 75243 # ( BLK/ABST I LOT/TRACT I TAX I.D. # I PROPERTY OWNER NAME I ADDRESS Applicant 9229 LBJ Frwy, Ste 100 1 Scott Siluis - Fox&Jacobs Dallas, Texas 75243 Wylie Highway 78 JV 5949 Sherry Lane #1225 2 Abst 688-3 Tract 35 R-6688-003-0350-1 c/o Bobby Beilue Da l4s, Tex 1 las 75225 1treet 3 Abst 688-3 Tract 36 R-688-003-0360-1 Rice-Carden Corp. Kansas City, MO 64105-1804 Bill Lovil, P.E. P.O. Box 90 4 S.H. 78 Texas Dept. of Transportation McKinney, Texas 75069 5 6 7 8 9 10 11 12 13 14 15 16 4. egg-3 Stote /'Hichway \ o ,.;,,, .• 78 ....„...„..,.. _- , t .„..„.., ,,.. • ,..,.. ,,,,, ,..z .,..,,_..., 4.. ,... „:„.,•„.1, z, .,. , .„, 4 - -3 f ) 88 TraG' " 3,� { 7--- S 0 22 21 20 19 18 I7 m 2ov2. -og 00 of Wylie Public Hearing Item No. 3 ZBOA No. 2002-09 Zoning Board of Adjustment Public Hearing: July 22, 2002 Owner/Applicant: Scott Silvis For Fox and Jacobs Homes Location: West Brown Street (F.M. 3412) at Sanden Boulevard, south of the Birmingham Farms Phase 2A Addition Request: Variance of Section 27.20(c) of the Zoning Ordinance to permit an off-premises development sign Background: Birmingham Farms Phase 2A is a residential subdivision which was platted and construction initiated in June of 2002. The subdivision is located approximately 800 feet north of West Brown Street, and accessible from Brown Street only by Sanden Boulevard. The City permitted and the applicant erected at Brown and Sanden a sign promoting the development, on property which is not part of the subdivision. Section 27 of the Sign Regulations defines a development sign as "any temporary, on- site promotional sign pertaining to the development of land or subdivision". Section 27.20(c) states that "such signs must be related only to the property on which they are located... A development sign must be removed when the project is 90 percent complete". Section 27.16 states that "appeals of the provisions of the Sign Regulations shall be heard by the Board of Adjustment in accordance with the following criteria: the type of sign, the location, existence of other signs in the general area, the reason for the requested variance, the duration of the requested variance, the effect on public safety, protection of neighboring property, the degree of the hardship or injustice and such other factors as they deem pertinent... A concurring vote of a majority of those present shall be necessary to render a decision in favor of the applicant." ZBOA 2002-09 Considerations: 1. Public Comment Forms were mailed as required by State Law to owners of seven (7) properties within 200 feet of this request. No Comment Forms have been returned at the time of this posting. 2. The applicant contends that a sign located on land within the Birmingham Farms 2A subdivision would be more difficult to see by traffic along West Brown Street, and desires the sign to be located at Brown in order to attract the attention of more potential home buyers. 3. The applicant developed and dedicated to the City Sanden Boulevard as access to the Birmingham Farms 2A subdivision. 4. Since approximately 1985, the area between Brown and the Birmingham Farms 2A subdivision was zoned to permit commercial uses along the Brown Street frontage and residential uses to the north behind this commercial, much in the pattern in which it is developing. The zoning of this area was changed to Single Family-8.5/17 Residential, removing the commercial zoning, in December of 2001 when the new City-wide Zoning Ordinance and revised Zoning Map were adopted by City Council. At one time, both the commercial and residential lands were under single ownership, and the Birmingham Farms residential subdivision was platted generally along the established division of the previous zoning. 5. As erected, the subject sign presents no visibility obstructions for traffic on West Brown Street and it complies with the requirements of the Sign Regulations with the exception that it is located off of the premises which it promotes. 6. Regardless of its location, the subject sign is permitted only temporarily, as the Sign Regulations limits the duration of such sign until the project is 90 percent completed. Financial Considerations: Application fee - Paid Attachments: Location Map Notification List and Map C C 1 mmr* v, , c°0 LOwndes Lane /1I1� iiiiiiiiiu,.iØ*. + Chilton Drive 4,, IIIIIIIIIIIL 44G ' Subject �m /y Property , ( . �o� t Brown Street f i i j L . /. I V. /.. j j I j i /. f. I I I I / / I I % /•. i 1. j / . LOCATION MAP ZBA CASE #2002-09 NOTIFICATION REPORT APPLICANT: Scott Siluis - Fox &Jacobs APPLICATION FILE ZBA#2002-09 9229 LBJ Frwy, Ste 100 Dallas, Tx. 75243 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant 9229 LBJ Frwy, Ste 100 1 Scott Siluis - Fox&Jacobs Dallas, Texas 75243 17519 Muirfield Drive 2 Abst. 22 Tract 1 R-6022-000-0010-1 Birmingham Land Ltd. Dallas, Texas 75287 2800 Surveyor Blvd. Bldg 1 3 Abst. 22 Tract 13 R-6022-000-0130-1 Centex Homes Carrollton, Texas 75006 6800 Coit Road 4 Abst. 563 Tract 2 R-6563-000-0020-1 Frances Bates Wells Plano, Texas 75023 P.O. Box 902 5 Abst 266 Tract 38 R-6266-000-0380-1 John Ereckson, Jr. Wylie, Texas 75098 P.O. Box 1404 6 Abst 266 8 R-6266-000-0080-1 John Ereckson Wylie, Texas 75098 P.O. Box 431 7 Abst 266 9 R-6266-000-0090-1 Ledon Bramlett Wylie, Texas 75098 Collin County 210 S. McDonald Street 8 Brown Street Commissioner's Court McKinney, Texas 75069 9 10 11 12 13 14 15 16 A0401" 22 0 rite- 1 --0 . ,.,,, .., ,,, . . .... ,,,.....,._ .„,,,,: ,...„..,,,,.s,,, . „,,..„, _,..,,,,,44,.., ,. , ..,. ,, .... „,,.,„„ ,,.., . .. ...„...,.. West Brown Street co ;55(ovte�is- i ..-ir . ,. - &3 • �•,t- 1 1 I • 1 1 I I I I I 1 1 I i I I I 2f1 2 oO L- of I -- r 4 , I 1_City of Wylie Public Hearing Item No. 4 ZBOA No. 2002-11 Zoning Board of Adjustment Public Hearing: July 22, 2002 Owner/Applicant: Ron Johnson Location: 640 West Brown Street (F.M. 3412), Lot 59R, Block E, of the Point North Addition Request: Variance of Section 19.3(1)(c) to decrease the required and platted rear yard from the required 20 feet to 10 feet. Background: The subject property was platted and developed under the previous Zoning Ordinance, and is therefore governed by the requirements then in force. The previous Business-2 District, under which the property was platted and developed, required a rear yard setback of twenty (20) feet when abutting residential uses. The Final Plat provided for a twenty (20) feet building line along the rear of the property, and the primary building on the lot, occupied by the Premier Learning Center, was constructed in compliance with this building setback required by the zoning and plat. In December of 2001, zoning of the property was changed to Neighborhood Services, which requires a rear yard of ten (10) feet. The owner/applicant initiated construction of an additional building to the rear of the primary building, to be used for recreational purposes related to the day care use. The form survey indicated that the slab of the new building had been constructed 10.7 feet from the property line, but also indicated the platted 20 feet building line as "subject to change upon approval from City". This discrepancy was not recognized by either the applicant's contractor or the City Building Inspection staff, and the new construction is nearing completion. The subject request for a variance is intended to reconcile the discrepancy and validate the rear yard setback as constructed. ZBOA 2002-11 Section 8.3 of the Zoning Ordinance provides that the Zoning Board of Adjustment may permit a variance to the requirements of the Zoning Ordinance if the variance is not contrary to the public interest and, due to special conditions of the site, a literal enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of the Ordinance is observed and substantial justice is done. The Board may impose any reasonable conditions on the issuance of a variance and may amend the variance from that requested. The concurring vote of 75 percent of the members of the Board shall be necessary to reverse any order, requirement, decision or determination of any administrative official, or to decide in favor of the applicant to effect any variance in the Ordinance. This section further states that in order to grant a variance to the Ordinance, the Board shall find that all of the following have been satisfied: 1. That there are unique physical circumstances or conditions of the lot, or other exceptional physical conditions particular to the affected property; 2. That because of these unique and exceptional circumstances, the property cannot be reasonably developed or used in compliance with the provisions of the Zoning Ordinance; 3. That due to such unique and exceptional circumstances, the strict application of the Ordinance would create a demonstrated hardship (convenience, profit or caprice shall not constitute undue hardship); 4. That the demonstrated hardship is not self-imposed; 5. That the variance, if granted, will not adversely affect the proposed development or use of adjacent property or neighborhood; 6. That the variance, if granted, will not change the character of the zoning district in which the property is located; 7. That the variance, if granted, is in keeping with the intent of the Ordinance; and 8. That the variance, if granted, will not adversely affect the health, safety or welfare of the citizens of Wylie. Considerations: 1. Public Comment Forms were mailed as required by State Law to owners of fourteen (14) properties within 200 feet of this request. No Comment Forms have been returned at the time of this posting 2. The rear yard setback of 10 feet fully complies with current Neighborhood Services zoning, but does not comply with the 20 feet requirement of the platting and Zoning Ordinance in force when initiated. When platted building lines and setbacks required by zoning are in conflict, the platted conditions shall apply. The requested variance will reconcile the discrepancy and legalize the construction as built. ZBOA 2002-11 3. Development on the abutting property to the west (also a multi-building day care facility) complies with the previous 20 feet rear yard setback. Properties across the alley to the north are zoned and developed for single-family residential uses, and the property to the west is the WISD elementary school. Financial Considerations: Application fee - Paid Attachments: Location Map Form Survey Notification List and Map 32 t . ,. rfL- „, TM ' -'3 _.._.. J Regret Dr. } � a Lane Subject Property i i \ \ 1 - -I Vicki 1 1 EptlID III i lest drown Street ?' Jill ' 11111 arc e r �� Lane /' 11 II ill Je_ erson WA* 41.1 _ t _ _. d a) Jeon Ant S _Q 0 R(js %c 1/111111101111 - a li .,_____- / Puce v „r n _ reet FID: LOCATION MAP ZBA CASE #2002- 11 w S 89 53'28" E. 94.52' 1/2" IRS Sr— R = 40.00 ' LE N. • 1/2' IF 0 1.4't� 519.25' C. M. L = 62.55' 34.9' " - r 20' BLDG. LINE _ N � (SUBJECT TO CHANGE !Trn \ . UPON APPROVAL FROM CITY 6' bkat/D 2ki6 N WOOD JUNGLE GYM 1/2" IRFU80' X 16.0' WOOD w FRAME 6 CO CO •POCL a !1- EQUIPMENT E\2 .60 01,, 0- 0. ONE STORY BRICK ' . 0 . a) LOT 59R, BLOCK E O ( ' •.., in 640 F. M. 3412 r : r it ,y LOT 58R-1 POOL • b9.5' ePOM b ,; 74-8 �- —27.4'_ �+, © O I BRICK O O CONCRETE yYO DRIVEWAY Co ri r in ---. — 30' WATER LINE EASEM::=NT I 20' BLDG. LINE 1 �11TELE + r 657.31' 1/2 IRS at Q N 88°30 '00" W 130.00 ' 1/2" IRS if 1/2" IRF UNDERGROUND C. M. BOX TRIC SIGN --- F. M. 3 412 50' R.O.W. NOTIFICATION REPORT APPLICANT: Ron Johnson APPLICATION FILE ZBA#2002-11 640 W. Brown Wylie, Texas 75098 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant 640 W. Brown Street 1 Ron Johnson Wylie, Texas 75098 Pointe North 1 510 Vicki Lane 2 Blk E Lot 45 R-1878-005-0450-1 Mark Staup Wylie, Texas 75098 Pointe North 1 1210 Lochness Lane 3 Blk E 46 R-1878-005-0460-1 Denver Smith, Ill Garland, Texas 75044 Pointe North 1 514 Vicki Lane 4 Blk E 47 R-1878-005-0470-1 Marcus Mueller Wylie, Texas 75098 Pointe North 1 516 Vicki Lane 5 Blk E 48 R-1878-005-0480-1 Wayne Wigington Wylie, Texas 75098 Pointe North 1 517 Vicki Lane 6 Blk E 49 R-1878-005-0490-1 David Kooser Wylie, Texas 75098 Pointe North 1 515 Vicki Lane 7 Blk E 50 R-1878-005-0500-1 Michael Plunk Wylie, Texas 75098 Pointe North 1 513 Vicki Lane 8 Blk E 51 R-1878-005-0510-1 Jason Jallo Wylie, Texas 75098 Pointe North 1 511 Vicki Lane 9 Blk E 52 R-1878-005-0520-1 Allen Smith Wylie, Texas 75098 Pointe North 1 509 Vicki Lane 10 Blk E 53 R-1878-005-0530-1 Jeffrey Stoker Wylie, Texas 75098 Pointe North 1 2800 E. Plano Parkway, #300 11 Blk E 58R-1 R-1878-005-058R-1 Rick Loyd Plano, Texas 75074 Pointe North 1 P.O. Box 2109 12 Blk E 59R R-1878-005-059R-1 Ron Johnson Wylie, Texas 75098 Summit Private School P.O. Box 2109 13 Blk E Lot 1 R-4401-00A-0010-1 Jonvitch, Inc. Wylie, Texas 75098 1001 S. Ballard Avenue 14 Abst 1021 Tract 3 R-7021-000-0030-1 Wylie I.S.D. Wylie, Texas 75098 Collin County 210 S. McDonald Street 15 Brown Street Commissioner's Court McKinney, Texas 75069 16 Pmf /1116 A1017.1 44 NI - 4 .,H508 516 0 de/1 \/ 49 L: 509 5 r ilib �� 3-,--. 4 a 4' t. lM , ':::','-::.77: K:4---!.- Pr .-1.'-'-',1 -,-0)7 wisP ,€ ,,-,,,, .:.,. r � t .:,.,..7..,.:0..,;,;-:-..j ) 0 W 71 1 (a) C, Odt4— co cv z o -// (f=7 2 f Jul 22 02 05: 23p Barbara Martin (972) 675-1893 p. 1 97.2-q'2-g/ig c n -- 180,9 Lunn. # 400.2 -� l 0)(p_a -e_ ilLUDJ ,L& co,Q1 &WI- -60 calapLtr---cvYt- 6)6 -6-63,-(22/0_ /-) y,, -i( (p